NIPC Law

  Jane Lambert Court of Appeal (Lords Justices Peter Jackson, Arnold and Stuart Smith) Generics (UK) Ltd and others v AstraZeneca AB    [2025] EWCA Civ 903 (16 July 2025) This was an appeal by AstraZeneca AB from the judgment of Dr Michael Tappin KC sitting as a deputy judge of the High Court in    Generics (UK) Ltd v AstraZeneca AB [2025] EWHC 1012 (Pat) (28 April 2025).  In that case, Generics (UK) Limited and several other generic pharmaceutical manufacturers had claimed a declaration that the following supplementary protection certificates were invalid and an order for their revocation: SPC/GB13/021  for dapagliflozin and pharmaceutically acceptable salts thereof;   and SPC/GB14/050  for a combination of dapagliflozin or a pharmaceutically acceptable salt thereof and metformin or a pharmaceutically acceptable salt thereof.  Those SPCs derived from  European patent (UK) 1 506 211 B1 .  The claimants contended that the ...

  Jane Lambert Patents Court (Mr Justice Mellor)  Astellas Pharma Industries Ltd v Teva Pharmaceutical Industries Ltd and other s [2023] EWHC 2571 (Pat) (17 Oct 2023) This was an action for patent infringement and a counterclaim for revocation. The patent in suit was European patent (UK) 2,345,410 entitled Pharmaceutical Composition for Modified Release  and concerned a modified release pharmaceutical composition containing mirabegron (or a salt thereof) as an active ingredient.   Astellas Pharma Industries Ltd, (Astellas) alleged that generic mirabegron tablets that Teva Pharmaceutical Industries Ltd. and Teva UK Ltd ("Teva") and Sandoz AG and Sandoz Ltd  (Sandoz) proposed to launch would infringe the patent.   Teva and Sandoz each counterclaimed for revocation of the patent on the grounds of obviousness, insufficiency and added matter.   Astellas responded to the counterclaim by applying for the amendment of the patent....

Author Renardo la vulpo   Licence CC BY-SA 4.0 Deed   Source Wikimedia Common s   Jane Lambert Enlarged Board of Appeal  (C. Josefsson, I. Beckedorf, F. Blumer, T. Bokor, P. Catallozzi, P. Gryczka and A. Ritzka)  G 0002/21 Syngenta Ltd v Sumitomo Chemical Co. Ltd  23 March 2023 European patent No. 2 484 209   ("the patent") has been granted to Sumitomo Chemical Co. Ltd. ("Sumitomo") for a mixture of thiamethoxam and other compounds in accordance with a formula disclosed in the specification.  That mixture produces an insecticidal activity that is greater than would be achieved by any of those compounds administered on its own ("the invention"). Syngenta Limited ("Syngenta") objected to the patent on the grounds that the invention was not new or obvious , that it had not been properly disclosed and it included added matter . The European Patent Convention ("EPC") provides a procedure for the revocation of a patent known as "oppositi...

  Jane Lambert Court of Appeal (Lord Justices Arnold, Nugee and Warby) Sandoz Ltd v Bristol-Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472 (4 May 2023) This was an appeal by Bristol Myers Squibb Ireland ("BMS") against Mr Justice Meade's judgment in    Sandoz Ltd and another v Bristol-Myers Squibb Holdings Ireland (Unlimited) Company [2022] EWHC 822 (Pat) (7 April 2022) which I discussed in  Patents - Sandoz Ltd v Bristol-Myers Squibb   on 28 Aug 2022.  In that judgment, his lordship held that  European patent (UK) 1 427 415 B1 (“the patent”)  was invalid for lack of plausibility and technical contribution.  Permission to appeal against Mr Justice Meade's judgment was granted by Lord Justice Lewison. The appeal was heard by Lord Justices Arnold, Nugee and Warby on 19 and 20 April 2022. They handed down judgment on 4 May 202. Their lordships unanimously dismissed the appeal (see Sandoz Ltd v Bristol-Myers Sq...